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Florida Regulations § 34-5.008 Confidentiality

⤴ Up to Chapter 34-5: Review, Investigation and Hearing of Complaints

Regulation Text

(1) Except as otherwise provided in these rules, the complaint and all staff and Commission activities, proceedings, and documents relating to the complaint shall be confidential until either:
(a) Confidentiality is waived in writing by the respondent; or
(b) The Commission orders the complaint dismissed, as provided in Rule 34-5.002 , F.A.C.; or
(c) The Commission orders a public report, or a public hearing, as provided in Rule 34-5.006 , F.AC. When confidentiality is waived, the Commission orders the complaint dismissed, or the Commission orders a public report or a public hearing, all materials relating to the complaint shall become public records available to the public as provided in Chapter 119, Florida Statutes, except to the extent the materials are otherwise exempted from disclosure under the public records law.
(2) For the purposes of this rule, the Commission shall be deemed to have ordered a dismissal of the complaint, a public report, or a public hearing at the time the written order or document evidencing that action is filed with the Commission Clerk, rather than at the time the Commission has so voted.
(3) The confidentiality provided by this rule shall not prohibit the Commission or its staff from advising the respondent or the complainant about the status of the complaint proceeding.

Source

Rulemaking Authority 112.322 (9) FS. Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322 , 112.324 FS.

History

New 2-5-76, Formerly 34-1.07, Amended 4-11-76, 4-7-77, 9-21-77, 7-13-80, 10-3-84, Formerly 34-5.08, Amended 2-19-91, 7-5-92, 2-16-95, 7-28-98.